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(영문) 울산지방법원 2017.04.21 2017노178
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of eight months and the additional collection) is too unreasonable.

2. The judgment of the court below was made in favor of the defendant, such as the confession of the crime, the fact that the defendant surrenders himself, the arrest of the relevant narcotics offender with active investigation cooperation, and the fact that the defendant does not repeat the crime of this case. However, the crime of this case requires strict punishment in light of the fact that the Philphone was distributed in our society, and the harm caused by addiction and illegality is gradually serious, it is necessary to punish the defendant. The defendant has the record of being punished five times for the same crime (three times of punishment among them), and the defendant has been sentenced to one year of imprisonment for the same crime at the Ulsan District Court on February 7, 2014 and was sentenced to one year for the same crime, and on January 27, 2015, again commits the crime during the period of repeated crime, and there is no reason to view the defendant's age, age, environment, family relationship, motive and circumstances favorable to the crime of this case, and there is no reason to view that the sentencing guidelines of the court below is applied in full view of various circumstances such as the defendant's argument and circumstances.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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